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Motorbike accident - Need help!

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5 minutes ago, OneMoreFarang said:

That is a stupid idea!

If you report to the police your passport was stolen, and you know exactly it was not stolen, you lie to the police. And you lie to the embassy when you present that police report. I am not sure about the legal consequences but for sure they don't like that.

Don think like this is a western country, there's no linked in computers for such minor things.  Trust me!  Inter Provinical liaison almost non existant, same with driving fines etc.. Many is the time I ve binned them, never to hear anything 10 years on.

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  • Swiss1960
    Swiss1960

    Go tomorrow, take your wife for translation and tell him - if the Thai guy has no money, HE (the rental guy) must contact the insurance company of the bike he rented to you, they will pay (that i

  • Mavideol
    Mavideol

    she's Thai, that will be a very hard task at hand, usually a 5 minute matter, will easily turn into 1 hour or more Thai discussion, I would go to the police and ask them to go to the rental with you t

  • Swiss1960
    Swiss1960

    Add: stay firm, don't get angry, don't discuss any options or alternatives to getting your money and passport back, don't bother yourself with HIS problem.   AGAIN: make sure your wife has y

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1 minute ago, OneMoreFarang said:

Maybe the guy who owns the motorcycle just wants to make sure this incident does not cost him any money. Ask for 80k and then accept 40k or something like that.

He lend out a working bike and he wants a working undamaged bike back, or compensation. That's not surprising.

Obviously it's not nice to try to extort money. But I think it's also understandable that the business owner does not want to lose money. And I am pretty sure the same would happen all over the world. Nobody wants to lose money!

He's not losing anything. He agreed to accept the other guy's bike to cover his losses.

1 minute ago, SteveK said:

He's not losing anything. He agreed to accept the other guy's bike to cover his losses.

When I understand the OP correct then that was changed later on.

Maybe the "bad" guy needs his bike for work or whatever.

3 minutes ago, 19DL86 said:

Don think like this is a western country, there's no linked in computers for such minor things.  Trust me!

Would you bet on that?

I had more than 20 years ago experience with Thai authorities were I would have thought they would never check. They did check, 20 years ago. At that time that was no problem for me, I didn't do anything wrong or illegal. But I learned not to underestimate Thais and what they check or don't check.

5 hours ago, OneMoreFarang said:

Would you bet on that?

I had more than 20 years ago experience with Thai authorities were I would have thought they would never check. They did check, 20 years ago. At that time that was no problem for me, I didn't do anything wrong or illegal. But I learned not to underestimate Thais and what they check or don't check.

Think you need to read again what I ve said.  Two criminal Court cases, been through the wringer, police checks done in my home country and here.  So if it is as you think why am I not locked up.  Released, bail refunded, fines paid.  Several retirement visas issued in the 4-5 years since. So end of chat on that one.
 
Motoring offenses - I ve never had a TDL I refuse to go through the baffonery and nonsense.  13-14 years driving on an International Drivers Permit issued via my home country.  Always accepted by police no issues and insurance company letter of cover under IDP criteria.
 
Given tickets on the roadside by Old Bill for stupid fictional offences, only to be filed in my bin.  Sold these cars in later years, moved address, Yellow Book Visas renewed flown in and out of Thailand.  Never heard a thing.
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9 pages in this thread, of which at least 6 are wrong advice.

 

OP rented a bike, it got damaged while in his possession, the owner demands compensation from OP, which is his good right.

Even if OP had not given him his passport, but just a copy: If the owner files a police report because OP doesn't want to pay for the damages, OP might end up not being able to leave Thailand and appear at have to appear at a court which will sentence to him to pay for the damages. In the worst case he would even be deported after this.

 

The damages were caused by a third party, but this is not the owner's problem. OP was in possession of the bike when the damage occurred, so he has to pay the owner for the damages. OP can then demand to be compensated by the party who caused the damage.

 

OP should have the damages evaluated by an independent third party, and then pay the owner based on this evaluation, like this he can avoid that the owner tries to profit from this situation.

Regarding getting the money back from the Thai guy: Good luck.

39 minutes ago, OneMoreFarang said:

Would you make photos? Would you publish them?

If yes then I guess you are one of those Millennials.

If the OP does not wish to post pictures of the damaged bike that I am sure he must have a lot of as he is in a dispute. Then just post the name and model and year of the bike.

Then posters can make an estimate cost of repairs and decide if he is being ripped of with 74.000 baht repair bill.

On 5/15/2020 at 5:47 PM, Agusts said:

So you basically suggest to not leave a passport, destroy a big rental bike, and then run away as a fugitive before the 5 days that they can catch you... ! Great idea, see if you do that...

Nah, I only suggested how to avoid being unduly extorted and held to ransom as explained.

HTH

Agreed with Jackdd there, it is all nonsense and mostly not too helpful to the OP - including my comments. 555.  But the guy isn't going to get "deported" Jack, well not at this point - as its not a criminal, but civil matter.  Let's not put him under any further or undue stress.

 

Now I recall I had a similar accident maybe 5-6 years ago in Chumpon.  Motorbike pulled out in front of my car turned in from a right hand Soi, poor bloke hospitalized all sorts.  Caused a fair bit of damage to our car too.

 

Police were brilliant very fair, also some locals seen it and gave their account of events which supported my claim.

 

The police called a local garage repairer to give an estimated cost to repair the car, and told me this could be presented to the motirbike driver.  It could also be given to the courts to pursue him for damages.  The invoice was a little lower than I had thought, 25,000Bt. and once the guy was discharged from hospital the police presented him with the bill.  Between us we negotiated a fair price.

 

So maybe that is what's required here.

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Apologies to to OP it is not a troll. I called my mother who knows a hotelier in Pai and a farang did have an accident. The hotelier knows the situation from the owner of the rental shop. OP, some advice if you need to negotiate in Thailand shouting and hinting at violence to a Thai who speaks perfect English will not work.  The bike involved appears to be a Honda Forza.

My advice go round with a big basket of fruit and a couple of wais and start discussions afresh.

The OP obviously did not do his research as that is one of the few rentals in Pai that requires your passport and not a copy.

On 5/11/2020 at 5:00 PM, Swiss1960 said:

MAKE SURE that you CLEARLY instruct your wife to ONLY translate and NOT discuss ANYTHING ELSE with the guy.

You ARE kidding, right?

44 minutes ago, 19DL86 said:

Agreed with Jackdd there, it is all nonsense and mostly not too helpful to the OP - including my comments. 555.  But the guy isn't going to get "deported" Jack, well not at this point - as its not a criminal, but civil matter.  Let's not put him under any further or undue stress.

 

Now I recall I had a similar accident maybe 5-6 years ago in Chumpon.  Motorbike pulled out in front of my car turned in from a right hand Soi, poor bloke hospitalized all sorts.  Caused a fair bit of damage to our car too.

 

Police were brilliant very fair, also some locals seen it and gave their account of events which supported my claim.

 

The police called a local garage repairer to give an estimated cost to repair the car, and told me this could be presented to the motirbike driver.  It could also be given to the courts to pursue him for damages.  The invoice was a little lower than I had thought, 25,000Bt. and once the guy was discharged from hospital the police presented him with the bill.  Between us we negotiated a fair price.

 

So maybe that is what's required here.

In your case it seems the cop was doing his job and was being fair regarding you being a falang and all but in the OP case and many others that are involved in accidents in Thailand the cops just dont give a dam and will favor the Thai as it appears what happened to the OP. Of course greasing the pawm of the law might help the OP if he is willing to go that rout.

I would hold back with the wais and fruit basket - as it still seems to me at least that the rental company are sticking it up the OP.  Probably due to his threats of violence, but it's a "Chicken and Egg" scenario.

 

Must be a shht load of damage to the Forza?!?  74,000Bt they're only what 150k new?  If it's an older Mk 1 then that's a "Totalled" Writen off price, you can pick em up now 2nd hand 5-6 years old for 80,000Bt.

 

If he's holding the deposit and the motor bike from the Thai guy who caused this whole fk up.  Surely it's 10,000Bt no more.  And save the wais, don't show respect to a man who tried to shaft you.

1 hour ago, NanLaew said:

You ARE kidding, right?

Nope, works with mine. Took her a while to understand that I get better results when she "only" translates,  but she got there.

Yes, we need more clarifications,  how much deposit was left and did the rental guy received the other Thai's bike,  or not, and what model it was and the damage on that...

 

Also if new Forza or old, how much damage. If the OP said he walked away with not much injury, then bike maybe not a write-off...! Generally it shouldn't be hard to estimate a damage cost,  give or take...

 

As I mentioned before the only way out of this is to negotiate... Or go the way another poster recommended with free court lawyer assigned - but the outcome of that will be totally out of OP control...

On 5/12/2020 at 5:53 AM, Curt1591 said:

Rule #1:  Do not surrender your passport to any business. If this is "required", walk away. 

This is a perfect example of the consequences. 

Exactly. 

I never, ever leave my Passport anywhere...  ANYWHERE.  

I have rented motorbikes,  here and in Vietnam,. Stayed at various hotels, here, Vietnam,  Laos...   and have never left my Passport with anyone for any reason.  

From the Passport People,  they do say to not leave your Passport with anyone. No one, has a right to your Passport, for any reason ,  but you.

 

 

1 hour ago, Swiss1960 said:

Nope, works with mine. Took her a while to understand that I get better results when she "only" translates,  but she got there.

Says a lot about her AND you! 

Here in Thailand i drive a car ,i have had three accidents with motorbikes ,two drove away as fast as they could one couldnt but had no money no insurance  hit me while undertaking . i hate motorcyclists .????

the big bike renters seem to be a special breed of stupid.  

1 hour ago, Agusts said:

Yes, we need more clarifications,  how much deposit was left and did the rental guy received the other Thai's bike,  or not, and what model it was and the damage on that...

 

Also if new Forza or old, how much damage. If the OP said he walked away with not much injury, then bike maybe not a write-off...! Generally it shouldn't be hard to estimate a damage cost,  give or take...

 

As I mentioned before the only way out of this is to negotiate... Or go the way another poster recommended with free court lawyer assigned - but the outcome of that will be totally out of OP control...

Not so sure that might be the best way forward here August, Court process tajes a very long time 6-12 months isn't unusual.  As regards the free Court appointed lawyer - this is only for defendants in criminal cases, to the best of my knowledge not civil matters.

  • Author

And for everyone thinking I am trolling, here are pictures of the „damage“ and the bill

 

Funny thing is, the bike was a Z300 and the bill states a Ninja250

 

2702D048-E7D6-4452-A23B-B5542553C992.jpeg

 

82516DD6-8D6E-4639-B166-D1E14213D299.jpeg

 

D4E46305-53FC-4A56-ABB5-505DDC010BEC.jpeg

 

1.jpeg.0ff2a56ad82929a100d18ddd87946cd5.jpeg

 

2.jpeg.c30e5c0989643cd51576e261bd812994.jpeg

 

3.jpeg.0e499989f0217c0772fcd0173707ce36.jpeg

It looks like 2 parts need replacing but they've quoted for 70?

I would offer 20k and see how he reacts.  20k is more than enough. 

  • Author
20 minutes ago, taotoo said:

It looks like 2 parts need replacing but they've quoted for 70?

Exactly what I said at the police station.

The rental guy just said „yeah yeah outside but u don’t know what’s inside“

 

And as I mentioned before, machine was a Z300 but the bill is for parts of Ninja250.

Again, no one cared at police station

  • Author
1 minute ago, balo said:

I would offer 20k and see how he reacts.  20k is more than enough. 

I offered 40.

He said sure I can pay 40 and then later the other 34 and then I get the passport ????

13 minutes ago, Covid19Everywhere said:

I offered 40.

He said sure I can pay 40 and then later the other 34 and then I get the passport ????

Jeez that’s not good very little damage by the looks of it,you seemed to be more than fair offering the 40 k seems like pure greed is in action here...

cant see many more options other than trying to offer the police 20 k to get your passport back.or try to get him to agree to the bike to Kawasaki dealership for repair quote.

have you been calm and polite in all discussions ,seems like he obviously got a bee in his bonnet about something ....can’t actually beleive he turned down the 40k.

15 minutes ago, Covid19Everywhere said:

I offered 40.

He said sure I can pay 40 and then later the other 34 and then I get the passport ????

Looks like you are being scammed with that long list. Maybe try contacting one of the news outlets like "Pattaya News" good story, "somchai tries to scam foreigner with sky high bill"

 

Get a second and third quote. It looks road worthy. Even if you rent it for another day. Then offer the average of the two

He has a new headlight on his list 5360bht is headlight smashed

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